I believe that thousands of men would be orthodox enough in certain points, if divines had not been too curious, or too narrow, in reducing orthodoxy within the compass of subtleties, niceties, and distinctions, with little warrant from Scripture, and less from reason or good policy.
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Injustice often arises also through chicanery, that is, through an over-subtle and even fraudulent construction of the law. This it is that gave rise to the now familiar saw, “More law, less justice.”
[Existunt etiam saepe iniuriae calumnia quadam et nimis callida sed malitiosa iuris interpretatione. Ex quo illud “summum ius summa iniuria” factum est iam tritum sermone proverbium.]
Marcus Tullius Cicero (106-43 BC) Roman orator, statesman, philosopher
De Officiis [On Duties; On Moral Duty; The Offices], Book 1, ch. 10 (1.10) / sec. 33 (44 BC) [tr. Miller (1913)]
(Source)
(Source (Latin)). Alternate translations:
But another great spring from which injuries arise, is some quirk or cavil, and an oversubtle and malicious interpretation of the laws; from whence that saying, "The height of justice is the height of roguery," is now become a daily and common proverb among us.
[tr. Cockman (1699)]Injustice is often done by artful evasions, and from a too shrewd, but malicious interpretation of the laws. Hence the proverb, "the strictest justice is the greatest injury," has become quite familiar in conversation.
[tr. McCartney (1798)]Very often wrongs arise through a quirk, and through a too artful but fraudulent construction of the law. Hence, "the rigour of law is the rigour of injustice," is a saying that has now passed into a proverb.
[tr. Edmonds (1865)]There are, also, wrongs committed by a sort of chicanery, which consists in a too subtle, and thus fraudulent, interpretation of the right. Hence comes the saying: The extreme of right is the extreme of wrong.
[tr. Peabody (1883)]A common form of injustice is chicanery, that is, an over-subtle, in fact a fraudulent construction of the law. Hence the hackneyed proverb: "The greatest right is the greatest wrong."
[tr. Gardiner (1899)]A perversion of justice, some extremely clever but harmful interpretation of a statute, also is a frequent cause of wrongdoing. Hence we have the saying, "Extreme legality is the worst law," a proverb become a cliche by daily use.
[tr. Edinger (1974)]
See Terence.
